Privacy Policy

We can be reached via e-mail at text@dwiz.com

At The Mobile Wizards we adhere to a strict privacy policy for our site visitors.
Our Web server automatically records only the consumer's IP address and cannot see
or record the email addresses of our visitors.

Of course, we do see the e-mail addresses of those who contact us via e-mail, and
do record information volunteered by the consumer, such as account information.
Any information you voluntarily provide may be used only to customize the content
and/or service we provide to each individual visitor or is used to notify consumers
about any updates to our Web site.

If you supply us with your postal address on-line, we will only use it for the purposes
for which it was provided to us. Persons who supply us with their telephone numbers
on-line will only receive telephone contact from us regarding orders specific to
this site. Nevertheless, if you wish your information removed from our files, please
provide us with your name and phone number, and we will be sure your information
is removed.

From time to time, we may use customer information for new, unanticipated uses not
previously disclosed in our privacy notice. If our information practices change
at some time in the future, we will post the policy changes to our Web site, and
provide you with the ability to opt out of these new uses. If you are concerned
about how your information is used, you should check back at our Web site periodically.
Customers may prevent their information from being used for purposes other than
those for which it was originally collected by sending us email at the address provided
above.

Terms & Conditions

THE MOBILE WIZARDS WEB SITE AND PRODUCTS TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS
OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS.
YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS
WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE
THIS WEB SITE OR THE PRODUCTS.

Design Wizards, LLC. - also known as Design Wizards, The Mobile Wizards and themobilewizards.com
- provides small businesses and organizations with a variety of products and related
tools and resources including Mobile Marketing.

The following are the terms and conditions of use for access to this web site and
use of the Products. By accessing this web site or by accessing The Mobile Wizards
services you accept these Terms and Conditions of Use.

This web site, and the information which it contains, is the property of Design
Wizards, LLC and its affiliates and licensors, and is protected from unauthorized
copying and dissemination by United States copyright law, trademark law, international
conventions and other intellectual property laws. The absence of a product or service
name or logo does not constitute a waiver of Design Wizards intellectual property
rights concerning that name or logo.

Design Wizards grants you a limited license to access and make use only of the Site
and related products. As a self-service application, you alone understand, acknowledge
and agree, that you,

Are not under the age of 18 and are in a position of authority to for legally binding
contracts under applicable law. If you are using the Products in your capacity as
an employee, you must have the ability to bind your employer by your use of the
Products.

You are responsible for the contents of your text messages.

You certify that the mobile numbers in your subscriber list, those subscribers have
given you permission to send them text messages. Plus, you are responsible for your
subscribers, the management of them and are solely responsible for not sending messages
to un-authorized subscribers.

YOU MAY NOT use the products for the sending of unsolicited text messages (sometimes
called “spam”), and that you will not use our service for chain letters, junk mail,
or to send any message or material that (a) is libelous, defamatory, obscene, pornographic,
threatening, invasive of privacy or publicity rights, abusive or illegal; (b) violates
the copyright, patent, trade secret or any other rights of another party; or (c)
otherwise gives rise to liability or violates any other applicable law. If we become
aware of or determine, in our sole discretion, that you are violating any of our
Terms of Use, we may modify or terminate your privileges, with or without notice
to you.

You agree you will not access, upload, or otherwise use third party mobile phone
lists or otherwise prepare or distribute unsolicited text messages.

You agree to import, access or otherwise use only lists for which all listed parties
have consented to receive correspondence from you (“Permission Based Lists”) in
connection with your use of the Products. Consent to receive text messages from
you is evidenced by the respondent or registrant opting into your text message marketing
campaign in the course of responding to your advertisements and promotions regarding
your text message marketing campaign. You hereby covenant that you shall not use
any other lists in connection with your use of the Products.

You acknowledge and agree that all email messages sent through use of the Products
may not be received by their intended recipients.

You acknowledge and agree that you are the sole or designated “sender” of any text
messages sent by you using the Products.

You agree that any text message sent by you using the Products will accurately and
in a non-deceptive manner identify your organization, your product or your service
to the extent possible.

In your use of the Products, you agree to represent you or your organization accurately
and will not impersonate any other person, whether actual or fictitious.

You will adopt and maintain the Privacy Policy for The Mobile Wizards, which may
be modified by from time to time.

You agree to not interfere with or disrupt this web site or any related web sites
or servers or networks connected to this web site.

You will adopt and maintain the best practice recommendations.

You acknowledge and understand that delivery of text messages is not guaranteed,
may not arrive by specific times, and is subject to carrier delays and maintenance.

The Mobile Wizards or the partners of the company shall not be held liable for the
content of the messages or the sending of the messages to un-authorized users. We
have the right at any time to suspend your account if we believe you are in breach
of the terms and conditions accepted by you or those you assign your password.

If you are accessing or using the Products through a third party service or web
site (a “Third Party Service”), you will abide by this Agreement regardless of anything
to the contrary in your agreement with such third party. You shall not use such
Third Party Service to avoid the restrictions set forth in this Agreement. You also
agree and acknowledge that The Mobile Wizards is not responsible or liable for any
actions of such third party or for any aspect or result of such Third Party Service.
You use such Third Party Service at your own risk. You further agree and acknowledge
that The Mobile Wizards may terminate such Third Party Service’s ability to interact
with the Products at any time, with or without notice, with no liability to you
or to the third party.

3. Fees and Payment

3.1 “Pay as You Go” Accounts, The Mobile Wizards is not responsible for the
monthly fees and will not charge any of your related accounts for using any of products
of The Mobile Wizards that are included in the monthly fees of the related program.
The only charges that will originate from The Mobile Wizards are requests by the
end-user for items that are in excess of the monthly program that was agreed upon
by the end-user. In such cases the end-user will have the option to proceed or not
proceed with the requested items or services that require payment via Credit Card.
Payment for the Overage Services will be made by a valid credit card or bank debit
card. Fees are payable in US dollars. Amounts paid for the Overage Services are
not refundable. You acknowledge and agree that you are responsible for paying Fees
for all text messages sent through The Mobile Wizards regardless of whether delivery
of such messages to their intended recipients is delivered, prevented or possibly
blocked by any third party. Additionally, you also acknowledge that additional compliance
fees will apply based upon the spam complaint rate for each text message campaign
you initiate as follows:

4.1 Subscriber Opt Out. You must, in connection with the use of The Mobile
Wizards Products, provide an opt-out procedure that allows subscribers to remove
themselves from your text messaging list. You must also maintain a link to the then
current Privacy Policy. You acknowledge that you are responsible for maintaining
and honoring the list of unsubscribe requests following termination of your account
and this Agreement.

4.2 Permission Practices. You agree to import access or otherwise use only
Permission Based Lists in connection with your use of the Products. You hereby covenant
that you shall not use any other lists in connection with your use of the Products.
Without limiting the foregoing, you agree that you shall not utilize the Product
to send any commercial text message to any person who has opted out or otherwise
objected to receiving such messages from you or another sender on whose behalf you
may be acting. You cannot send text messages to distribution lists, publicly available
press or media phone numbers or unsolicited phone numbers. Text messages that you
send through the Products may generate spam complaints from recipients. As a matter
of privacy, The Mobile Wizards cannot share with you the phone numbers of those
who complain about your text messages. You are responsible for ensuring that your
text messages do not generate a number of spam complaints in excess of industry
norms. The Mobile Wizards, in its sole discretion, shall determine whether your
level of spam complaints is within industry norms, and its determination shall be
final, binding and conclusive for all purposes under this Agreement. The Mobile
Wizards will terminate your use of its Products if it is determined that your level
of spam complaints is higher than industry norms (as determined by The Mobile Wizards).
The Mobile Wizards reserves the right to require that you utilize a “double opt
in” feature which will require newly added users to verify their assent to receiving
your communications after they have been added to your database(s).

4.3 Prohibited Content. The Mobile Wizards prohibits the use of the Products
or web site by any person or entity that:

Provides, sells or offers to sell any of the following products or content (or services
related to the same): pornography or illicitly pornographic sexual products, including
but not limited to magazines, video and software; escort services; dating services;
adult “swinger” promotions; illegal goods; illegal drugs; illegal drug contraband;
pirated computer programs; instructions on how to assemble or otherwise make bombs,
grenades or other weapons.

Displays or markets material that exploits children, or otherwise exploits children
under 18 years of age.

Provides, sells or offers products, services or content frequently associated with
unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical
sales, including but not limited to health and sexual well-being products, work
at home businesses, credit or finance management, including but not limited to credit
repair and debt relief offerings and stock and trading tips, and mortgage finance
offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling
services, including but not limited to poker, casino games, horse and dog racing
and college and pro sporting events.

Engages in any libelous, defamatory, scandalous, threatening, or harassing activity.

Posts any content that advocates, promotes or otherwise encourages violence against
any governments, organizations, groups or individuals or which provides instruction,
information or assistance in causing or carrying out such violence.

Markets to third party voter registration lists.

Provides content, including images, of authors, artists, photographers or others
without the express written consent of the content owner.

The Mobile Wizards, at its own discretion, may immediately disable your access to
the Products or remove all or a portion of your content, without refund, if The
Mobile Wizards believes in its sole discretion that you have violated any of the
policies listed above or in this Agreement.

5. Usage and Monitoring

You may use the Site only as intended by The Mobile Wizards. While The Mobile Wizards
has no obligation to monitor the site and is not responsible for your conduct, The
Mobile Wizards reserves the right to suspend, prohibit, deny access, edit, or take
other appropriate action with respect the Services it believes may be (or is alleged
to be) in violation of the terms and conditions foregoing to anyone at anytime.
All persons are hereby notified that use of the Site constitutes consent to such
actions, monitoring and auditing including that of the individual carriers and the
CTIA.

All messages sent from a specific account are tallied from that account whether
they are generated The by Mobile Wizards or sent by the account user. This includes
Stop, Help and the mandated opt-in messages.

5.1 Advertising your keyword. Advertisement of your keyword and shortcode
must be in accordance with the CTIA guidelines as outlined:

Must include type of messages to be received (coupons, alerts, etc.)

Must include message frequency (how many messages the user should expect to receive
each month)

Must include Help in bold or a toll free number where the user can get help on the
campaign

Must include Stop information in bold

Must include a privacy policy (link for Websites)

Failure to to do so will result in; first a resolution period to correct infractions;
if the infraction has not been corrected with the 5-day allotment, termination of
the keyword will take place until the corrections are made

6. Unavailability of Service

The Mobile Wizards may require short periods of unavailability of services for numerous
reasons such as to implement changes, upgrades and maintenance. We will use reasonable
endeavors to perform the activities which requires the unavailability of the services,
or which is reasonably likely to have an adverse effect upon the services during
hours that The Mobile Wizards believes will have the least impact on users of the
products. In the case of un-planned maintenance or server related problems, The
Mobile Wizards shall provide as much advance notice to clients as is reasonably
practicable, if possible. The Mobile Wizards shall use its reasonable endeavors
to conduct these activities under this paragraph so as to minimize adverse impact
on users.

7. Restrictions, Responsibilities and Supported Carriers

The Mobile Wizards will not use your customer list or any other customer information
for any other purposes than those intended with the service. Your customer information
will not be shared with any other parties unless required by law.

7.1 No Rights in Software. This is an Agreement for services and access to
this web site, and you are not granted a license to any software by this Agreement.
You will not, directly or indirectly, reverse engineer, decompile, disassemble,
or otherwise attempt to discover the source code, object code, or underlying structure,
ideas, or algorithms of, or found at or through the Products or any software, documentation,
or data related to the Products (“Software”); remove any proprietary notices or
labels from the Products or any Software, modify, translate, or create derivative
works based on the Products or any Software; or copy, distribute, pledge, assign,
or otherwise transfer or encumber rights to the Products or any Software.

Unless you are an authorized reseller of the Products, you may not display, copy,
reproduce, or distribute the Software, any component thereof, any documentation
provided in connection with the Products or the Software, or any content, including
but not limited to newsletters, distributed to you by The Mobile Wizards in connection
with the Products. Violation of these restrictions may result in the termination
of this Agreement.

7.2 Permitted Use of the Products. The Services may only be used for lawful
purposes. Transmission or solicitation of any material that violates the Code of
Conduct, the United States federal, state or other laws that may apply in this jurisdiction
or your local area is prohibited.

8. Eligibility

The Services are available only to persons who can form legally binding contracts
under applicable law. Without limiting the foregoing, the Services are not available
to individuals under the age of 18. If you do not qualify, you are not permitted
to use the Services. The Mobile Wizards is only available to customers whose principal
business matters and subscribers reside in the United States.

9. Termination & Refunds

The Mobile Wizards may terminate this Agreement or the Products, disable your account
or put your account on inactive status, in each case at any time with or without
cause, and with or without notice. The Mobile Wizards shall have no liability to
you or any third party because of such termination or action. The Mobile Wizards
will delete any of your archived data within 60 days after the date of termination.
The Mobile Wizards will provide upon request the list of unsubscribe requests from
your last campaign. All sections of this Agreement that by their nature should survive
termination will survive termination, including, without limitation, ownership,
warranty disclaimers and limitations of liability. The Mobile Wizards will use good
faith efforts to contact you via email prior to taking any permanent removal actions.
All Service Overage charges as requested by end-user are non-refundable.

10. Security

You are solely responsible for maintaining the confidentiality of your password,
account and files. You are also solely responsible for any and all activities that
occur under your account. You may change your password, or any other account information,
at any time available in the account settings section of the The Mobile Wizards
application. The Mobile Wizards will accept the instructions of any individual who
claims to be authorized to direct changes to your account so long as such person
presents your username and password or provides other appropriate account identifying
information as determined by The Mobile Wizards in its discretion, by email or by
phone, or through a Third Party Service, if any, through which you access the Products.
The Mobile Wizards has no knowledge of your organizational structure, if you are
registering for the Products as an entity, or your personal relationships, if you
are a person. You agree to notify The Mobile Wizards immediately of any unauthorized
use of your account or any other breach of security known to you. You must promptly
inform The Mobile Wizards Customer Service of actual or apparent breaches of security,
such as loss, theft, or an authorized disclosure or use of a User Account or password.
Until The Mobile Wizards is notified by you of a breach in security, you will remain
liable for any unauthorized use of the The Mobile Wizards Service through your account.
In consideration for using The Mobile Wizards’s Services, you agree to: (1) provide
certain current, complete, and accurate information about you and (2) maintain and
update this information as required to keep it current, complete and accurate. If
any information provided by you during your original registration or subsequently
added to your account is inaccurate, The Mobile Wizards reserves the right to terminate
your account immediately and your right to use the The Mobile Wizards Service.

11. No Endorsement

Links to other web sites do not imply an endorsement of the materials disseminated
by publishers at those web sites, nor does the existence of a link to another site
imply that the organization, person publishing at that site, or any of the content
at that site is endorsed by The Mobile Wizards. The Mobile Wizards is not responsible
for the materials contained at any web site linking to this site.

12. Indemnity

You agree to indemnify, defend and hold harmless The Mobile Wizards and their respective
officers, directors, owners, agents, information providers and licensors (collectively
“The Mobile Wizards Parties”) from and against any claims, liability, losses, costs
and expenses (including but not limited to attorneys’ fees) incurred by any The
Mobile Wizards Party in connection with any use or alleged use of this website under
your password by any person, whether or not authorized by you, or any other violation
of this Agreement by you. The Mobile Wizards reserves the right to assume the exclusive
defense and control, at its own expense, of any matter otherwise subject to indemnification
by you. In such case, you agree to cooperate with The Mobile Wizards in the defense
of such claims.

13. Disclaimer

DESIGN WIZARDS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS
WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.”
THE MOBILE WIZARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY
PRODUCTS OR SERVICES SOLD THROUGH OR RECOMMENDED BY THIS WEBSITE. THE MOBILE WIZARDS
DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR
THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE, OR ITS CONTENTS,
ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS
CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS,
TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THE MOBILE WIZARDS)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE MOBILE
WIZARDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT
IS ASSUMED SOLELY BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Any reliance upon any advice, opinion, statement or other information displayed
or distributed through the Site, or by The Mobile Wizards agents or employees, is
at your sole risk. The Mobile Wizards reserves the right, in its sole discretion
and without notice, to correct any errors or omissions in any portion of the Site
or to deny access to the Site to anyone at anytime. Neither The Mobile Wizards nor
its affiliates shall have any liability arising from your reliance upon the information
provided on the Site.

The Mobile Wizards reserves the right to change any and all content contained on
this Site at any time without notice. Reference to any products, services, processes,
or other information, by trade name, trademark, manufacturer, supplier, or otherwise
does not constitute or imply endorsement, sponsorship or recommendation thereof
by The Mobile Wizards.

YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services, merchandise and other
information provided on–or–through the Site or on the Internet generally.

Neither The Mobile Wizards nor any of its affiliates shall have any liability to
you for usage charges related to any device that you use to access the Site or use
of The Mobile Wizards Services, including, without limitation, usage charges for
mobile telephones, Palm OS devices, Windows CE devices, car navigation systems,
pagers, Smartphones, Bluetooth and other devices, whether wireless, wireline, requiring
cradle synchronization or otherwise.

14. Jurisdiction

This website is controlled and operated by Design Wizards, LLC from its offices
in Bismarck, North Dakota, United States of America. The Mobile Wizards makes no
representation that materials on this website are appropriate or available for use
outside the United States of America. Those who choose to access this website from
other locations do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable. The Agreement shall
be governed by the laws of the State of North Dakota, USA without regard to its
choice or law or conflict of laws provisions. All legal actions in connection with
the Agreement shall be brought in the state or federal courts located in Bismarck,
North Dakota.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE MOBILE WIZARDS OR ANY OF
ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT
PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY
REFERRED TO FOR PURPOSES OF THIS SECTION AS “THE MOBILE WIZARDS″) BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE
MOBILE WIZADS PRODUCTS OR MATERIALS ON THIS SITE, EVEN IF THE MOBILE WIZARDS HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, THE MOBILE WIZARDS IS FOUND
LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF THE MOBILE WIZARDS TO YOU ARISING
IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE
PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM,
LESS ANY DAMAGES PREVIOUSLY PAID BY THE MOBILE WIZARDS TO YOU IN THAT TWELVE (12)
MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

16. Miscellaneous

16.1 If any provision of the Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so
that this Agreement will otherwise remain in full force and effect and enforceable.

16.2 The Mobile Wizards and you agree that this Agreement is the complete
and exclusive statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements, communications, and other
understandings relating to the subject matter of this Agreement, and that all waivers
and modifications must be in writing signed by both parties, except as otherwise
provided herein. No delay or omission by either party in exercising any right or
remedy under this Agreement or existing at law or equity shall be considered a waiver
of such right or remedy. Communications made through The Mobile Wizards messaging
system shall in no way be deemed to constitute legal notice to The Mobile Wizards
or any of its officers, employees, agents or representatives, with respect to any
existing or potential claim or cause of action against The Mobile Wizards or any
of its agencies, officers, employees, agents or representatives, where notice to
The Mobile Wizards is required by contract, or any federal, state or local laws,
rules or regulations.

16.3 No agency, partnership, joint venture, or employment is created as a
result of the Agreement, and you do not have any authority of any kind to bind The
Mobile Wizards in any respect whatsoever.

16.4 In any action or proceeding to enforce rights under the Agreement, the
prevailing party will be entitled to recover its costs and attorneys’ fees.

16.5 For questions or help with your text messaging needs, please contact
The Mobile Wizards at 1-888-764-6166 or email text@dwiz.com.